[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6329 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 6329
To ensure that Federal agencies rely on the best reasonably available
scientific, technical, demographic, economic, and statistical
information and evidence to develop, issue or inform the public of the
nature and bases of Federal agency rules and guidance, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 1, 2025
Mrs. McClain introduced the following bill; which was referred to the
Committee on Oversight and Government Reform, and in addition to the
Committee on the Judiciary, for a period to be subsequently determined
by the Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To ensure that Federal agencies rely on the best reasonably available
scientific, technical, demographic, economic, and statistical
information and evidence to develop, issue or inform the public of the
nature and bases of Federal agency rules and guidance, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Information Quality Assurance Act of
2025''.
SEC. 2. INFORMATION QUALITY ASSURANCE.
(a) In General.--Subchapter I of chapter 35 of title 44, United
States Code, is amended by adding at the end the following:
``SEC. 3522 INFORMATION QUALITY ASSURANCE.
``(a) In General.--Not later than 1 year after the date of the
enactment of the Information Quality Assurance Act of 2025, the
Director shall--
``(1) update the guidelines issued under the Information
Quality Act--
``(A) to provide policy and procedural guidance to
the heads of Federal agencies for better ensuring and
maximizing the quality, objectivity, utility, and
integrity of influential information or evidence--
``(i) used by the heads of Federal agencies
to develop or issue rules and guidance made
available to the public; or
``(ii) disseminated to the public to inform
the public about the nature and bases of such
rules and guidance; and
``(B) in a manner consistent with--
``(i) this chapter; and
``(ii) the amendments made by the
Foundations for Evidence-Based Policymaking Act
of 2018 (Public Law 115-435; 132 Stat. 5529);
and
``(2) make the guidelines updated under paragraph (1)
available on the website of the Office of Management and
Budget.
``(b) Content of Guidelines.--Not later than 1 year after the
Director updates the guidelines under subsection (a), the head of each
Federal agency to which the guidelines apply shall--
``(1) update any guidelines issued by the head of the
Federal agency under the Information Quality Act to ensure
that, in the case of influential information or evidence, the
best reasonably available information and evidence that is fit-
for-purpose is relied on in developing, issuing, or informing
the public about the rules and guidance of the Federal agency;
``(2) publish the guidelines updated by the head of the
Federal agency under paragraph (1) on the website of the
Federal agency;
``(3) ensure the administrative mechanisms established
under subparagraph (B) of subsection (b)(2) of the Information
Quality Act are made available, as applicable, with respect to
seeking and obtaining the correction of any influential
information or evidence disseminated by agencies that the
Federal agency uses to develop or issue a rule or guidance made
available to the public, or to inform the public of the nature
and basis of any rule or guidance of the Federal agency, that
does not comply with the guidelines issued under paragraph (1);
and
``(4) include in the report required under subparagraph (C)
of subsection (b)(2) of the Information Quality Act the
information described under that subparagraph with respect to
any complaints received by the Federal agency related to the
accuracy of influential information or evidence the Federal
agency uses to develop, issue, or inform the public of the
nature and bases of rules or guidance.
``(c) Public Disclosure.--
``(1) Availability.--
``(A) In general.--Not later than 1 year after the
date of enactment of this section, the Director shall
issue guidance, which may be included in the guidelines
updated under subsection (a), that directs the head of
the Federal agency to make available, except as
provided under paragraph (2), in the docket for the
rulemaking of any rule of the Federal agency, or in the
public administrative record for any guidance--
``(i) the critical factual material upon
which the head of the Federal agency relied as
part of the rulemaking or guidance development
process; and
``(ii) a citation to any other source used
to inform the rulemaking or guidance
development process, including a citation to
any public comment that is referenced in a
final rulemaking action.
``(B) Process.--
``(i) In general.--Except as provided under
clause (ii), the guidance required under
subparagraph (A) shall direct an agency to make
available the information that must be made
available under that subparagraph as soon as
reasonably possible before, but at a minimum
at, the time that the Federal agency
promulgates a rule or issues guidance.
``(ii) Notice and comment.--If a Federal
agency engages in notice and comment rulemaking
under section 553 of title 5 or provides for
public notice and an opportunity to comment on
proposed guidance, the guidance required under
subparagraph (A) shall direct the Federal
agency to provide notice and an opportunity to
comment on the critical factual material upon
which the head of the Federal agency relied.
``(C) Revisions.--If the critical factual material
under subparagraph (A)(i) is revised in a manner that
may materially affect the rulemaking or guidance after
the public is given notice and an opportunity to
comment pursuant to subparagraph (B)(ii), but before
the rule or guidance is published, the head of the
Federal agency shall make the revision available in the
docket for the rulemaking or in the applicable
administrative record for the guidance in a timely
manner.
``(2) Implementation of public disclosure requirement
exceptions.--
``(A) In general.--The guidance under paragraph (1)
shall direct the head of the Federal agency--
``(i) to implement paragraph (1) consistent
with this chapter, sections 552 and 552a of
title 5, and any rights under titles 17 and 35;
``(ii) to implement paragraph (1) to the
maximum extent feasible, considering costs to
the Federal Government; and
``(iii) in implementing paragraph (1), to
not make available in the docket for the
rulemaking of any rule of the Federal agency,
or in the public administrative record for any
guidance, as applicable, information that is
prohibited from being disclosed to the public
under any statute.
``(B) Explanation to be included in docket or
administrative record.--If the head of the Federal
agency does not make critical factual material
available under paragraph (1), subject to subparagraph
(A) of this paragraph, the head of the Federal agency
shall include in the docket for the rulemaking or the
public administrative record, if applicable, for the
guidance--
``(i) an explanation as to why such
information cannot be made publicly available;
and
``(ii) a description of any steps being
taken to increase access to such information,
even if the information cannot be made public.
``(3) Format of critical factual material.--
``(A) In general.--Subject to paragraph (2) and
subparagraph (B), the head of each Federal agency shall
make available any critical factual material required
to be made available under paragraph (1)(A) as an open
Government data asset.
``(B) Exception.--If an exception under paragraph
(2)(A) applies, the head of a Federal agency may--
``(i) maximize public access to the
critical factual material to the extent
permitted by law;
``(ii) make the critical factual material
available by citation or description; and
``(iii) place in the docket for the
rulemaking or the administrative record for the
guidance a specification of the identity of the
entity that holds a legal right to prohibit or
limit reproduction, distribution, or public
display of the information and the means by
which a member of the public may request to
obtain a full copy of the information from such
holder.
``(d) Definitions.--In this section:
``(1) Evidence.--The term `evidence' has the meaning given
that term in section 3561.
``(2) Influential information or evidence.--The term
`influential information or evidence' means information or
evidence about which an agency can reasonably determine that
reliance on or dissemination of the information will have or
does have a clear and substantial impact on important public
actions, policies or statements or on important private sector
decisions.
``(3) Information quality act.--The term `Information
Quality Act' means section 515 of the Treasury and General
Government Appropriations Act, 2001 (Public Law 106-554).''.
(b) Table of Sections.--The table of sections for subchapter I of
chapter 35 of title 44, United States Code, is amended by adding after
the item relating to section 3521 the following:
``3522. Information Quality Assurance.''.
(c) No Additional Funds.--No additional funds are authorized to be
appropriated for the purpose of carrying out this Act or the amendments
made by this Act.
<all>